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Mashudu Netsianda, Senior Court Reporter
REGINA Mundi High School in Gweru has taken a Bulawayo company to court for allegedly defrauding it of more than $24 000 in a botched bus deal.
The school and Hoxy Investments t/a Be Forward Bulawayo entered into an agreement of sale for a Toyota Coaster bus valued at $24 266.
Regina Mundi High School filed summons at the Bulawayo High Court citing Be Forward as the defendant. In its application through its lawyers Phulu and Ncube Legal Practitioners, the school is seeking an order compelling the motor company to either deliver the bus or reimburse the money. The school also wants an order directing the Sheriff of the High Court to assist in seizing the bus from Be Forward premises at Kelvin North industrial area.
According to court papers, Be Forward undertook to secure and deliver the bus to Regina Mundi High upon payment of $24 266 which the school paid.
“The defendant has breached the agreement of sale in that it has failed to deliver the bus without lawful cause. The defendant is obliged to deliver the bus or alternatively pay the damages in the sum of $24 266 for breach of contract,” said the school’s lawyers.
Be Forward has not yet filed opposing papers. Of late there has been an increase in the number of schools suing vehicle suppliers for failing to deliver. Recently another school, St James High School took Puzey and Payne to court for allegedly failing to deliver a school bus.The school and the motor supply company entered into an agreement of sale for a 33 seater bus valued at $56 400 with St James High School having paid $48 700.
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